1. (a) Applicability. This section applies to all pleadings as defined in §22.2 of this title (relating to Definitions) and the following documents:

   1. (1) All documents filed relating to a rulemaking proceeding;
   2. (2) Applications filed pursuant to the Public Utility Regulatory Act (PURA) or the commission's substantive rules in Chapter 25 and 26 of this title.
   3. (3) Letters or memoranda relating to any item with a control number;
   4. (4) Reports pursuant to PURA, commission rules or request of the commission.
   5. (5) Discovery requests and responses.
2. (b) File with the commission filing clerk. All pleadings and documents required to be filed with the commission shall be filed with the commission filing clerk, and shall state the control number on the heading, if known.

3. (c) Number of items to be filed. Unless otherwise provided by this chapter or ordered by the presiding officer, the number of copies to be filed, including the original, are as follows:

   1. (1) applications, petitions, and complaints: ten copies;
   2. (2) applications for expanded local calling: seven copies;
   3. (3) applications for certificates of operating authority (COAs) or service provider certificates of operating authority (SPCOA), amendments to COA or SPCOA applications, and all pleadings or documents related to the applications for COAs or SPCOAs: six copies;

   4. (4) tariffs:

      1. (A) for review under §22.33 of this title (relating to Tariff Filings), including discovery responses for tariffs filed under §22.33 of this title: six copies;
      2. (B) related to docketed proceedings: ten copies; and
      3. (C) related to discovery responses in docketed proceedings: four copies;
   5. (5) exceptions, replies, interim appeals, requests for oral argument, and other documents addressed to the commissioners: 19 copies;
   6. (6) testimony and briefs: 11 copies, except that in contested cases transferred to the State Office of Administrative Hearings, parties must file 13 copies of testimony and briefs;
   7. (7) rate, fuel factor, and fuel reconciliation filing packages: 11 copies;
   8. (8) applications for certificates of convenience and necessity for transmission lines or boundary changes, certificate of convenience and necessity exemptions, and service area exceptions: seven copies;
   9. (9) discovery requests: five copies;
   10. (10) discovery responses: four copies;
   11. (11) reports filed pursuant to the Public Utility Regulatory Act or the commission's Substantive Rules: four;
   12. (12) comments to proposed rulemakings: 16; and
   13. (13) other pleadings and documents: ten copies, except that in contested cases transferred to the State Office of Administrative Hearings, parties must file 12 copies of other pleadings and documents.
4. (d) Receipt by the commission. Pleadings and any other documents shall be deemed filed when the required number of copies and the electronic copy, if required, in conformance with §22.72 of this title (relating to Formal Requisites of Pleadings and Documents to be Filed with the Commission) are presented to the commission filing clerk for filing. The commission filing clerk shall accept pleadings and documents if the person seeking to make the filing is in line by the time the pleading or document is required to be filed.
5. (e) No filing fee. No filing fee is required to file any pleading or document with the commission.

6. (f) Office hours of the commission filing clerk. With the exception of open meeting days, for the purpose of filing documents, the office hours of the commission filing clerk are from 9:00 a.m. to 5:00 p.m., Monday through Friday, on working days.

   1. (1) On open meeting days, the Commissioners and the Office of Policy Development may file items related to the open meeting on behalf of the Commissioners between the hours of 8:00 a.m. and 9:00 a.m. The Commissioners and the Office of Policy Development shall provide the filing clerk with an extra copy of all documents filed pursuant to this paragraph for public access.
   2. (2) Central Records will open at 8:00 a.m. on open meeting days. With the exception of paragraph (1) of this subsection, no filings will be accepted between the hours of 8:00 a.m. and 9:00 a.m.
7. (g) Filing a copy or facsimile copy in lieu of an original. Subject to the requirements of subsection (c) of this section and §22.72 of this title, a copy of an original document or pleading, including a copy that has been transmitted through a facsimile machine, may be filed, so long as the party or the attorney filing such copy maintains the original for inspection by the commission or any party to the proceeding.
8. (h) Filing deadline. All documents shall be filed by 3:00 p.m. on the date due, unless otherwise ordered by the presiding officer.

9. (i) Filing deadlines for documents addressed to the commissioners.

   1. (1) Except as provided in paragraph (2) of this subsection, all documents from parties addressed to the commissioners relating to any proceeding that has been placed on the agenda of an open meeting shall be filed with the commission filing clerk no later than seven days prior to the open meeting at which the proceeding will be considered provided that no party is prejudiced by the timing of the filing of the documents. Documents that are not filed before the deadline and do not meet one of the exceptions in paragraph (2) of this subsection, will be considered untimely filed, and may not be reviewed by the commissioners in their open meeting preparations.

   2. (2) The deadline established in paragraph (1) of this subsection does not apply if:

      1. (A) The documents have been specifically requested by one of the commissioners;
      2. (B) The parties are negotiating and such negotiation requires the late filing of documents; or
      3. (C) Good cause for the late filing exists. Good cause must clearly appear from specific facts shown by written pleading that compliance with the deadline was not reasonably possible and that failure to meet the deadline was not the result of the negligence of the party. The finding of good cause lies within the discretion of the commission.
   3. (3) Documents filed under paragraph (2) of this subsection shall be served on all parties by hand delivery, facsimile transmission, or by overnight courier delivery.

Source Note:The provisions of this §22.71 adopted to be effective November 1, 1993, 18 TexReg 6641; amended to be effective September 8, 1995, 20 TexReg 6627; amended to be effective December 29, 1995, 20 TexReg 10765; amended to be effective June 1, 1997, 22 TexReg 4195; amended to be effective July 23, 1997, 22 TexReg 6565; amended to be effective June 15, 1998, 23 TexReg 6202; amended to be effective September 23, 1999, 24 TexReg 7401.